Hypolita performer ban to come before the City Commission

Sunday

Jul 7, 2013 at 12:02 AM

Local residents petitioned the St. Augustine City Commission in June to prohibit street performers from the eastern end of Hypolita Street because, complainants say, the performers create safety problems for themselves and others.

Without discussion, the city passed Ordinance 2013-16 last month on first reading.

However, the second and final reading of that ordinance is scheduled at 5 p.m. Monday in the commission chambers.

The ordinance would prohibit all musical performances or street sales on Hypolita from St. George Street to Avenida Menendez. Such performances are already prohibited from West Hypolita.

Its language says that the "proliferation of unregulated street performances has created a significant burden and threat to the public's health, safety and welfare."

Also, it cites the creation of "visual blight inconsistent with the ambiance of the city's historic preservation districts and damaging the economic interests of retail vendors and merchants who must pay property taxes, lease fees, mortgages, insurance and/or licensing and permitting fees."

In addition, the ordinance mentions preventing "congestion," which commonly occurs when tourist trolleys and trains attempt to embark or disembark passengers when performers have occupied and thereby blocked sidewalks by sitting or lying down on them.

"The City Commission recognizes that artistic speech enjoys certain protections under the constitutions of the United States and the state of Florida and that any regulation of such artistic speech must be narrowly tailored to meet the defined public interest, must be content neutral (and) must provide reasonable time, place and manner restrictions," the ordinance says.

The city will grant time to those who wish to speak to the commission publicly on this matter.

If passed by the commission Monday night, the ordinance would become effective in 10 days.

In other action, the city:

» Will present Ordinance 2013-15 on first reading, to vacate, discontinue and abandon an easement located on portions of Tremerton Street.

» Will present resolutions 2013-20, creating a residential parking area on San Salvador Street between St. George and Charlotte Street, and 2013-21, creating a residential parking area on Water Street between Joiner Street and Mulberry Street.

» The city plans to present Zach and Kaley Grant and Mitch Gerrick with certificates of recognition "for their quick thinking and courageous actions in the rescue of an injured person thrown into the Matanzas River on Sunday, May 26, following a boating accident." The citation says that their "heroic deed and selfless act saved the life of a member of our community."

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